Travelers Insurance Company v. Smith

CHADICK, Chief Justice.

There is uncontradicted evidence that the injured workman, Johnnie Smith, Jr., was injured in the course of his employment. At its minimum the injury produced total disability for a time and by aggravation of pre-existing disease permanent disability of 15%, 10% attributable to preexisting disease and 5% to the injury. By answer to special issue No. 4, the jury found Johnnie Smith, Jr., to be totally and permanently disabled. The appellant’s four points of error denounced the jury’s verdict on the issue as unjustified on four different grounds, to-wit:

1. The evidence is…